Case law

Montgomery v. Brown

178 A.D.2d 247 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1991

This does not constitute a " 'sudden, fortuitous mischance, unexpected, out of the ordinary’ ” (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012 ), and therefore does not qualify as an accidental injury within

Tomlinson v. Board of Education

183 A.D.2d 1023 · Appellate Division of the Supreme Court of the State of New York · May 14, 1992

Alleging negligent supervision, plaintiff thereafter commenced this action individually and on her son’s behalf against the City’s *1024 Board of Education and School District. … Board of Educ., 1 AD2d 973 ).

People v. Brown

176 A.D.2d 1234 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 1991

the heroin seized from defendant after a police officer experienced in narcotics investigations observed defendant pass a glassine envelope in an automobile parked in an area notorious for drug trafficking (see, People v

Myers v. Brown

176 A.D.2d 1224 · Appellate Division of the Supreme Court of the State of New York · Oct 4, 1991

The release was clear and not contrary to public policy (see, Gross v Sweet, 49 NY2d 102 ; Ciofalo v Tanney Gyms, 10 NY2d 294 ). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.)

People v. Brown

179 A.D.2d 667 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1992

The defendant’s contention that he was denied effective assistance of counsel is without merit (see, People v LaConte, 172 AD2d 775 ; see also, People v Rivera, 71 NY2d 705 ; People v Baldi, 54 NY2d 137 ). Bracken, J.

Marty v. Brown

182 A.D.2d 510 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1992

admission that he grabbed the female officer’s arm at the precinct and later blocked her car and took her keys out of the ignition, respondent’s determination is supported by substantial evidence (see, Matter of Berenhaus v

Eden v. Board of Trustees

49 A.D.2d 277 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1975

Co. v Childs Co., 230 NY 285, 292-293 ; Triple Cities Constr. Co. v Maryland Cas. Co., 4 NY2d 443 , 448). … ; Vandeweghe v City of New York, 150 Misc 815 , affd 242 App Div 762 ; Robinson v City of New York, 24 AD2d 260 ; 21 Univ of Chicago L Rev 680, 707.)

People v. Brown

169 A.D.2d 479 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1991

Under these circumstances, the fact that the cab driver might have been able to give favorable testimony, by itself, is insufficient to establish that these nonrecord facts were material, so as to require a hearing (People v … (People v Guerrero, 155 AD2d 262 , lv denied 75 NY2d 868 .) Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.

Colello v. Town Board

251 A.D.2d 404 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1998

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondents that the petitioner is not entitled to a defense at the expense of the Town of Orangetown in an action entitled Sluys v Colello, Rockland … The Town Board of the Town of Orangetown adopted a resolution that the petitioner is not entitled to a defense at the expense of the Town in a taxpayers’ suit entitled Sluys v Colello, Rockland County Index No. 3335/95.

Hogan v. Board of Education

137 A.D. 255 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1910

Ajas v. Board of Education, 104 App. Div. 162 ; Farrell v. Board of Education , 113 id. 405.) … The appellant relies on the case of Gunnison v. Board of Edu cation ( 176 N. Y. 11 ). That case merely decided that the board of education was the proper party defendant in. a suit to recover teachers’ wages.

Zivyak v. Board of Education

282 A.D. 704 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1953

This notice was forwarded to and received in the office of the president of the board on August 17, 1951. … On December 26, 1951, the infant and his guardian were examined on the claim by the corporation counsel of the city of New York, who is also attorney for the board of education, and the file was marked “Board of Education

McAulay v. Board of Education

61 A.D.2d 1048 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1978

However, the real problem here, considering the administrative process set up in the appellant board’s by-laws, is the absence of any obligation upon the Chancellor to explain his decisions. … Grumman Aircraft, 421 US 168 ; National Labor Relations Bd. v Sears, Roebuck & Co., 421 US 132 ).

Norfolk Southern Railway Co. v. Brown

20 A.D.3d 791 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 2005

Even if it were, it would be for the Legislature to correct, not “[t]he courts [which] can only follow the clear and unequivocal language of the statute” (Matter of Cheng San Chen v Toia, 67 AD2d 1085 , 1086 [1979], affd … Court erred by deferring to the administrative agency’s interpretation of the statute, our own reading of its unambiguous provisions indicates that the challenged determination must be upheld (see Lorillard Tobacco Co. v

Poitevien v. Brown

177 A.D.2d 268 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1991

(Richichi v Galligan, 136 AD2d 616 .) Concur— Sullivan, J. P., Milonas, Asch, Kassal and Smith, JJ.

Board of Education v. Hershkowitz

308 A.D.2d 334 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2003

Auth. v Transport Workers Union of Am., 99 NY2d 1, 7 [2002]). … Further, while the Executive Order and the Board of Education resolution creating the SCI have been found to conflict, in at least one area, with the State’s Education Law (Matter of Board of Educ. v Mills, 250 AD2d 122 [

Hinds v. Brown

176 A.D.2d 648 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1991

petitioner’s urine, the test results on the powder found in petitioner’s car were not necessary to establish such usage and, in any event, we find no gap in the chain of evidence as viewed "within reasonable limits” (People v

Moraitis v. Board of Education

84 A.D.3d 1090 · Appellate Division of the Supreme Court of the State of New York · May 17, 2011

Free School Dist., 287 AD2d 636, 636-637 [2001]; Matter of Cowan v Board of Educ. of Brentwood Union Free School Dist., 99 AD2d 831, 833 [1984]; Matter of Piaggone v Board of Educ., Floral ParkBellrose Union Free School Dist … School Dist., 292 AD2d 772, 773 [2002]; Matter of Donato v Board of Educ. of Plainview, Old Bethpage Cent.

People v. Brown

175 A.D.2d 252 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1991

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v … Wharton, 74 NY2d 921 ; People v Morales, 37 NY2d 262, 271 ).

People v. Brown

176 A.D.2d 338 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1991

Accordingly, the motion of the defendant’s assigned appellate counsel to be relieved as counsel is granted and new appellate counsel is assigned (see, People v Casiano, 67 NY2d 906 ; People v Gonzalez, 47 NY2d 606 ; People … v Woodham, 153 AD2d 599 ).

People v. Brown

176 A.D.2d 152 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1991

Whether or not sentence was properly "pronounced” on the predicate conviction, we find that the defect, if any, was a mere irregularity which does not undermine the validity of the underlying conviction (see generally, People v … Taylor v New York, 423 US 852 ), nor raise an issue cognizable pursuant to CPL 400.21 (7) (b) (see, People v Harris, 61 NY2d 9 ). We accordingly remand for resentencing. Concur — Rosenberger, J.